MALANGE @ NAVAL KISHOR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO.
/11331/2025 · 2025-11-20
body2025
DailyLaw.ai
[ 2025 DAILYLAW 187506 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 187506 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11331 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.347/2025, under sections – 64, 351 (3) of BNS, Police Station - Tandiyawan, District – Hardoi. 3. Learned counsel for the applicant argues that in terms of the FIR, it was alleged that the informant was going out of her home on 05.8.2025 and she met the applicant on the way who caught hold of her hand and was trying to pull her towards the sugarcane field and when she raised alarm for help, he ran away. No allegation of rape has been levelled. In the statement under section 180 BNSS, the said version was reiterated, however, in the statement under section 183 BNSS allegation of rape was levelled against the applicant. The medical report does not corroborate the allegations of rape. The Tentative Age of the victim is around 30 years. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances of the case and without commenting upon the merits of the case and considering the age of the victim and huge variance in the two statements of the victim, a clear case for bail is made out. The applicant, who is in jail since 05.9.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant – Malange alias Naval Kishor be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and Versus Counsel for Applicant(s) : Javed Khan, Juned Khan, Parvez Khan Counsel for Opposite Party(s): G.A. Malange @ Naval Kishor .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko.
Addl. Chief Secy. Home Deptt. Lko. .....Opposite Party(s)
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. November 20, 2025 mks BAIL No. 11331 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench